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MAGISTRATE'S COURT

A NEIGHBOURS' QUARREL ARGUMENT THAT ENDED IN AN ASSAULT Not being able to • settle their differences between themselves, two neighbours named Alexander Walter Parton and George "Whittle- Aslley, who reside nt. Sciilnun, asked Mr. P-.'L. Boilings, S.M., at the .Magistrate's Court yesterday to adjudicate on their cross actions for assinilt and sureties of the pence. Doth alleged that they were subjected to persistent annoyance on the part of the oilier, and that onrly this month each was assaulted by tho other. Parton stated in evidence that at about 4 a.m. on November 3 ho was awakened by a loud knocking at his door, and on getting up was confronted by Astley, who ordered him to-"stop that noise." It was a wild-night—a record gjilo was raging, and conditions were anything but pleasant. Parton ordered Astley off the premises, and then, a quarrel ensued, followed by a struggle., in which Astloy struck him across the face with a walking stick which witness broke across-h:s lniee. Aellcy had complained to witness about his early rising, and tho noise he made in moving about and putting Iris house- in order, and in reply to those complaints had written a letter, in the course of which he had offered either to sell his properly to Astley or purchase Astley's house. ■■ Astley told the Court that ho, had 1)0011 repeatedly awakened about i a.m. by Parton, who was always • making I no.ses which became so annoying that he and his wife were compelled to move their bod to another part of the honse.On the morning witness got up to complain about the noise he found a kerosene tin lying on its side near Parton's house, on which was pourine a volnmo of water. Tho noise from this was unbearable, and the position of the tin suggested that it had been put there purposely to omioy witness. lie decided to coll Parton, and then the trouble

started. The argument ended .in an afsault, and witness struck Par-ton in eelf-defence. He was consdemblyknocked about, and Pnrlon had threatened to "smash Irs head against a. brick wall." The. Magistrate considered that the whole dispute was a stupid squabble th.it should have boon settled outside the court. No order as to securities for tho peace would bo mode, but Astlc-y would be fined; ,£1 for the asstmlt on Parton. , Mr. D. Richmond appeared for Parton, and Mr. J. C. Peacock for Astley. SERIOUS CHABGE. The criminal prosecution in which Ayah Alley and Gertrude , were jointly charged with conspiring to procure by unlawful means the miscarriage of a third person was concluded terday.-Chief-Decteive Boddam prosecuted, and Mr. C. A. L. Treadwoll appeared for Martin, and Mr. P. W. Jackson for Alley. ■ Detective-Sergeant V. Cullen, of Auckland, Slid that on October 20 last ho interviewed the accused Martin and obtained a ; statement from her t«i the Meet that sho. admitted having written the two letters to the sergeant of police at Blenheim respecting the allegations against accused Alloy. After posting the first letter, Martial proceeded to the Ferry Wharf with tho intention of going to Lyttolkm,' but tho accused Alley and a Sirs. M'Carthy came down to the boat and asked if the letter had been posted.. Wlien told it had they all pro- . cecded to tho post offico and made inquiries, and tho woman M'Carthy rang up the Postmaster. Martin denied having communicated with the Postmaster for the return of tho letter. Following this, tho woman M'Carthy. dictated another letter to tho sergeant of jwlice at Blenheim asking that no action be taken , on the first letter, as it wna only written as "dirty spite." This was'posted by tho accused Alley, and Martin then caught the sterner for Lyttelton, Martin did not tamper.with'the post'office box—she knew nothing about tlvie, and suggested that it nvght have been tho other women, Martin was arrested at Mransnn, Auckland, on November 3 Do-tectiye-Sergoant Lewis detailed his inquiries sinco May. 101G, action being jitkciKOii rpcfti.pt of the -liro-lnttfis-frnm tlie eergeant of police at Blenheim.' Ifo had wot been able no far to locate tho woman M'Carthy. who was. staying at .Alleys honso at tho time tho operation was alleged to have bson performed. After tho. accused had been cautioned, counsel for Martin submitted that there was no evidence on which to send , her for.trial. In a charge for conspiracy there Jiuist be evidence of au agreoment between tho conspirators who 'committed tho crime. Ho submitted that it could not bo conspiracy for. a person to point out a place where a crime could . be committed. The arrangements made wore between the accused Alley and the woman While. Martin was not offered any inducement or any reward and there was no. evidence to show that shocked Alley to procure a. Jiiiecarriage. • She simply wrote and asked Alley to put White tip. Counsel submitted that Martin should be acquitted in this' Court as the admissions of Whito ' did not weigh against Martin.

In reply His Worship (Mr. W. G. Riddell, S.M.) said that tho application was quite a proper one, and ; wliilo the evidenco against Martin was liot strong, ho thought that a prima facie base, although ft weak one, had been made out. Ho was not prepared to dismiss the information against Martin. Both accused pleaded not guilty and were committed to the Supreme Court for trial. Bail was allowed in the caso of Alley in the sum of J!SO and sureties, and Martin was ordoredto remain'in tho custody of the Salvation Aniiy 'authorities. ; .

' INSULTING LANG UAGE ■ ALLEGED; Matthew Babnge, a fruiterer, asked the Court to order Alexander Bnico Smith, a waiersido worker, to find-sureties-to keep tho peaco on tho gTOUud that complainant was afraid of him and that ho had made use of.certain objectionable language, accusing complainant of being a. .German who should have been interned on Somes Island.. Smith instituted a cross action against fiabngo and his wife, claiming .£95 damages far slander, alleging that Mrs. Babago had falsely and maliciously spoken and published certain filthy language. Bnbage's case was takon first.

11 r. P. L. Uallings, S.M., was on the Bench, Mr. H. 1 , . O'Leary and Mr. - C. B. O'Donnell appeared for Babage, and Mr. G. G. Watson for Smith. . , The complainant stated in evidence that he rented a cottage near his shop, part.of which he sublet: to the defendant. ' Trouble arose between the parties in, which . defendant, cut a clothes lino in (ho yard causing the clothes, which were hung out to dry, to fall to tho ground. AVlieu remonstrated with defendant used the language complained of and threatened to hit witness and his wife with a large piece of wood. To Mr. Watson: Witness admitted that his eorredt name was Babitch and that he had changed it sonio veara ago to tho English equivalent Babage. His nationality was that of u Croatian, although ho wae born under t'ho Austrian flag. Ho was uot afraid of Smith in the daylight wid had olTered lo fight him. However, he had fe.ws for his safety at nighttime, unci for that reason lie applied for sureties of tho pence. The defence ,wns a complete denial of complainant') allegations, and that Babflge and his wife were really (he cause of all tho trouble. ' Defendant said they \vero a. source of rantinual annoyance and ho would have quitted tho place had he been able to secure another abode.

At the conclusion of tho ease His Worship reserved decision pending the hearing of tho other action, which is sol; down for hearing at; D.30 a.m. on 'I'uesdav.

OTITBII PROSECUTIONS. A plea of guilty was tendered by Mr. ,T. C. Peacock on behalf of Kdward Poiiiton. who .wns charged with (!) signing a receipt without affixing a stamp; (2) failing to stamp a receipt; (3) not stamping n receipt, and (4) a broach of tho Stamp Duliee Act. Tho defendant was in the employ of Laer.v and Co., and part of his duty was to sign receipts undo lix stamps where necessary, and in four oases ho had neglected to do so. Counsel for the defendant said that the offences woro committed by inadvertence. His client had been with tho firm for four years and during that time : had, signed about: 300 receipts and in four misce ho had overlooked tho matte of

l.lw stamp. His Worship fined defendant 10s. on each *chargo and ordered him to pay costs amounting to £1 Bs. - Cliarl&s Bethel did not'appeal , to answer a charge of liaving driven a motorcur at a greater speed than six. miles mi hour round a corner. He was also charged with failing to notify the change of ownership of the ear in question. ■Police 'evidence was to the effect that the defendant took the corner at a speed of between 12 and 15 miles an hour and difficulty was experienced in tracing de. i'eiidant, vis the- car had.changed hands and defendant had failed to register Hie vehicle in his name. A fine of 10s, on each charge was imposed, together with costs.

"Parents must not send their children to purchase cigarettes, the Magistrate when fining n Chinaman named Joe Leiin .CI for selling cigarettes to a boy under the .age of 15 years. SubInspector Emerson stated that the boy wont to the defendant's shop and pur-' chased a packet of cigarettes and a "box of matches for his father. The boy's ago was 8' years, On Thursday morning John STDonaid wandered into certain private premises in ITobsoii Street and refused'to quit when ordered to do so. Ho was subsequently ejected by the police and then arrested for drunkenness, for which oll'enco ho was fined 10.5., Two first offending inebriates were also fined 10s. each. • ■

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/DOM19191129.2.126

Bibliographic details
Ngā taipitopito pukapuka

Dominion, Volume 13, Issue 56, 29 November 1919, Page 14

Word count
Tapeke kupu
1,617

MAGISTRATE'S COURT Dominion, Volume 13, Issue 56, 29 November 1919, Page 14

MAGISTRATE'S COURT Dominion, Volume 13, Issue 56, 29 November 1919, Page 14

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